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PC Min 01/18/1977PLANNING COMMISSION CITY OF CAMPBELL, CA~II=ORNIA TUESDAY, 7:30 P.M. MINUTES JAPIUARY 18, 1977 The Planning Commission of the city of Campbell convened this day in regular session, at the regular meeting place, the Council Chambers of the City Hall, 75 Pdorth Central Avenue, Campbell, California. ROLL CALL Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Present ~ Lubeckis, Chairman Dickson, Secretary Arthur A. Kee; Planner II Richard Schneider, City Attorney J. Robert Dempster; Engineering Manager Bill Helms; Recorder Phyllis Acker. ~_ Absent None P9INUTES Commissioner Vierhus moved that the minutes of the January 4, 1977 meeting be approved as received, seconded by Commissioner Pack and unanimously adopted. COMf~UNICATIOrtS Mr. Kee reported that the communications received relate to specific items on the agenda and would be taken up when the item appears on the agenda. ARCHITECTURAL APPROVALS "S" 72-9 Application of Mr. Dwight D. Kelsey, and Campbell Marine, Campbell Marine Inc. for approval of expanded outdoor display of boat (from 3 to 14) on property known as 1600 South LJinchester Boulevard in a C-1-S (^leighborhood Commercial) Zoning District. Con>inissioner Pack reported that the committee met with the applicant and had quite a lengthy discussion in an effort to resolve the situation. The committee felt that 19 boats is a little too dense for that corner and they had discussed an alternative plan for the full Commission's consideration. h1r. Kee presented the original site plan and the applicant's proposal showing a display of three boats.. He stated that during the widening of t-lami7ton Avenue some of the lar~:lscap~ing was removed acrd the curb modified. After meeting with the applicant, a possible solution tivas discussed and he presented a new site plan sho-~Jing boat spaces, which indicated five boats on the curve and the other.. boats parked to the rear, for a total of 13 boats. There was discussion regarding the landscaping that had been removed .during the construction of Hamilton Avenue widening, and the applicant had stated that he did not feel that it was his responsibility to replace that landscaping. Mr. Helms stated that they had required two feet in depth off Hamilton Avenue frontage and they did reinstall the slumpstone ~~all. He stated that he thought the City had brought the planting areas up to ~~~hat they had been and he would check into this matter. - 1 - Commissioner Campos asked the staff to indicate the entrances and exits to the property. Mr. Kee reported that there is an entrance and exit from Hamilton Avenue and also one from Winchester. There is a chain across the driveway facing Hamilton Avenue and boats are parked in that area, which will stop through traffic on the property. l~he Architectural Revievr Committee reco~~nnends that the revised plan as modified be approved, indicating fiive boats parked in the curve and the remainder of the boats parked to the rear, far a total of 13 boats. The boats parked in the curve are to be of a standard sire--not over 77 feet in length. Commissioner Hebard moved that the application of Mr. Dwight D. Kelsey for approval of expanded outdoor display of boats on property known as 1600 South Winchester Bou~levarci be approved as recommended by the Architectural Review Committee, seconded by Corrunissioner Campos and unanimously adopted. S_A. 76-85 Application of Mr. Louis "D" Matthews, and Big Lou's Matthews, Louis "D" Body Shop, far approval of a 6'-0" by 39' -0" sign to be painted on a building (oriented toward Highway 17) located on property knoti•m as 1160 Dell Avenue in a -1-S (Light Industrial) Zoning District. Chairman Dici.son asi:ed ~6r_ Kee for his comments. fdr. Kee stated that the staff recommendation is a recommendation to the City Council of c.'enial. T.he applicant is requesting approval of a 239 square foot sign to be r~ainted on the east face of a building facing Highway 17. The staff and Sign Revi~~~a Conunittee are of the opinion that: 1. The proposed sign is larger than necessary to identify the business. 2_ Signing fur this business, like ether body shops in the City, should be oriented tov;ard the adjoining street rather than the freeway. 3. The ap-~l ~!:arat has rapt demonstrated that business operation is dependent upon fa~ee~~r~ay ur ex?r~essway is}entification and that denial of said identi- ficatia~7 -t~uld cause. an undue hardhsip as required by Council.Policy. There was discussion as to the location of the subject building and the surrounding uses. Co-TUni ssi or~~er }!shard staieci that the entry to the park i s to the south of thi s property. Conunissioner° Pack advised that the applicant was not present at the Architectural review Committee meeting and that the committee is in agreement with the staff recommendation. Conunissioner Campos stated that there are othel° businesses ~ n the area that a7 ready have signs exposed to the freeway. _~ _ Mr. Kee advised that the present policy was written after those sicdns were installed. It is a Council Policy, and unless it can be demonstrated that it is absolutely necessary to have a sign oriented to the freeway, they are not allowed. Commissioner Hebard moved that the Commission recommend that the City Council deny the application of Mr. Louis "D" l~iatthews based on the reasons outlined by the staff and with the added reason: 4. That the sign would be overlooking the park. Motion seconded by Commissioner Pack and unanimously adopted. • PUBLIC HEARINGS UP 76_20 This is the time and palce for continued public hearing Lewin, Linda C. to consider the application of Linda Carol Lewin and Linda Beth Allen for approval of a use perrr~it and approval of plans to allow a day-care center in existing structures located on property known as 995 Apricot Avenue in a C-2-S (General Conunercial) Zoning District. Chairman Dickson asked for the report of the Architectural Review Committee. Commissioner Pack reported that the committee met with the applicant and recr~mmends approval of the application subject to the conditions recommended by staff. 11r. Kee presented the plans for thouldmsubmitnmoreedetailedhplansrand afterodisnu2d to this meeting so the applicant c cussion at the Architectural Review Committee meeting, the staff recommends approval. Chairman Dickson announced this is a continued public hearing and asked if anyone ~~rished to spea{: for or° against the application. Mr. Michael Lannen, part owner and mara9trand duringetheRtimeuofndaysthatdthea~phic- developm?nt is adjacent to his restau cants would require more parkingnhil~Pa~oith~lapplicantsbasngtuisda largeelrt arse has offered tl~e use of his parks g two-thirds of it is seldom used. Commissioner Nebard moved that the public hearing be closed, seconded by Corri~issioner Vierhus and unanimously adopted. RESULIJTiUN PJU. 1574 Commissioner Vierhus moved that the Clmcatio~nofdLpr Resolution No. 1574 approving the app Carol Lewin and Linda Beth Allen for a use permit arrJi approval of plans to allow a day-care center in exi.t~g structures located on property known as 995 Apricot Avenue in a C-2-S zone subject to the conditions recommended by staff, seconded by Commissioner Packard adopted by the following roll call vote: _, - 3 - AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOE5: Commissioners: None ABSENT: Corrunissioners: None pD 76_5 This is the time and place for continued public hearing Campbell Building on the application of Campbell Building and Investment and Investment Company for approval of plans, elevations, and develop- Company rr~ent schedule to allow construction of an office building to be located on property known as 54 North Central Avenue ' in a P-D (Planned Development/Commercial) Zoning District. Chairman Dickson asked Mr. Kee for his comments. Mr. Y.ee stated that the staff recommends a continuance to the second meeting in February, 1977. The public hearings for the parking district have not been completed. However, the City Council has indicated that the hearings should be held at its last meeting in January. Chairman Dickson asked if anyone wished to be heard. There being no one ari>hing to speak, Commissioner Pack moved that PD 76-5 be continued to the second meeting in February, 7977, seconded by Commissioner Samuelson and unani,,~ously adopted. PD 76-20 This is the time and pi ace for continued public hearing to 1Jard, Stephen A. consider tare application pf Mr. Stephen A. 4Jard, I I I and Sea Lord Corpora tioc~ Sea Lord Crarporation, for approval of plans, elevations, ar~d develop,ixer~t schedule to allow construction of a restaurant building on property known as 488 LJest Hamilton Avenue in a P-D (Planr3ed Development/Commercial) Zoning District. Chairman Dickson asl~ed for tJae Ay°chi~tectut°al Revie~•a Committee recommendation. Commissioner Par_~: advised tt,,~~t the .Arc~ritectural Revietir Committee met with the applicant and r~•eco~•k;~e~ds ap~~'o~~a1 to the City Council subject to the conditions recommended by staff. ~t i'S r~ecos~unended that condition 0 be revised to read: 0. Amore concise revel opn'.erf;, schedul e steal l be approved by the Planning Director anri applicant shall submit a letter clarifying the starting time. This is to be a sit-d.own restau~r,ant ar~d the plans look very good. There was some opposition to the restaurant by the property o~•mers to the east, but the applicant will install a -~~all and increase the landscaping in order to provide a buffer from tl~e residence to the east. The site plan indicates that approximately 40°0 of the net lot area will be landscaped. Commissioner Hebard remarked that this is the first plan that he has seen where the landscaping seems almost too heavy. -4- Chairman Dickson stated this is a continued public Bearing and asked if anyone wished to speak for or against the application: Mr. David Curley, project designer, stated the use of landscaping is a way to lower the profile of a commercial establishment. They will create a buffer between the restaurant and the residence to the east. He briefly reviewed the plans with the Commission and stated he would be happy to ans~ver any questions they might have. Commissioner Hebard commented that the landscaping for the service station next to the proposed restaurant has deteriorated and possibly that could be integrated with the restaurant landscaping. There being no ane else wishing to be heard, Commissioner Vierhus moved that the hearing be closed, seconded by Commissioner Pack and unanimously adopted. RESOLUTION NO. 1575 Cor:~nii ssi ones Vier°hus moved that Resolution No. 1575 be adopted recommending that the City Council approve PD 76--20, application of Stephen A. tJard, III, and Sea Lord Corporation, for approval of plans, elevations and development schedule to allow construction of a restauran t building on property known as 488 blest Hamilton Avenue in a P-D Zoning District subject to the conditions recommended by staff and the change to condition G, seconded by Commissioner Pack and adopted by the follotiving roll call vote: AYES: Commissioners: Hebard, Campos, Vierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOES: Commissioners: None ASSENT: Commissioners: None G.P. 76-2-C This is the time and place for continued public hearing West Valley to consider the future land use of the West Valley College College Site Site. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee stated that the staff has recommended: 7. That this item be removed from the agenda, or 2. continuance to the second meeting in March, 1977 in order to provide additional time for the school district to come to some conclusion regarding the precise area of the school site which will be offered for sale to the public. He stated that after discussion with the School District, if the hearing were to be continued, a continuance of at least 60 to 90 days would be reasonable. Chairman Dickson advised that a letter had been received from Mr_ Holly Vollemveider and from Gordan Abbott, President, Board of Trustees, Campbell Union School District_ - 5 - Ttre recording secretary read the letters for the record. (Copies of letters are on file in the Planning Department.) Commissioner Jiebard stated that he, Commissioner Pack and Councilman Paul had met with Mr. P,bbott, as members of the subcommittee on the West Valley College Site, and there eras a general discussion on the future use of the site and possible steps that could be taken. Mr. Abbott's letter pretty well states the City's concern about what was happening. It would seem that the property at this time is not ready for sale. The decision has not been made by the Trustees as to whether the whole parcel or a portion of it is to be offered for sale. He advised that Mr. Abbott was speaking for himself and made no commitments on the part of the board. He stated that there seemed to be no urgency on the part of the School Board to dispose of the property. There is no financial crises facing the district and the property might be more valuable at a later date. There was discussion on the future of the downtown area of Campbell and the development of the dovrntovrn might lead toward a precise direction in the development of the school property. A decision at this time might be premature. Corn;nissioner Pack reported that Mr. Abbott had advised that they will be getting a new superintendent in the near future, and he thought that perhaps it might be better to lvait until the new superintendent came in before they had any more discussizrr,s or•~ determinations as to the property. Also, another school site will be vacated. in a fevr months, and there is no urgency for selling or doing anytkiirrg with the property at this ~tirne. Commiss~ionez~ ?iebard sj:ai:ed that they are no closer in coming to an answer as to the use of tt?e pr,o{~er~~i;y than they were a year ago. He stated that there is a petition beiaa:~,~ c_ircuiated to save the building and t9r. 41a1t Ritter had appeared before the scJto~al Ls.~ard regiaesting that the building be saved. Commissioner ,~'iev~;rrrs stated that, in his opinion, he could see no value in continuing this items a~,lain and again. He stated that they have been carryin g it for a year and tre ~a~ould be in favor of dropping it-from the agenda until a more opportun~a time, Commissioner °~~irhus rrraved that the item be dropped from the agenda. Chairman Dici.son as'/fvised tJ~at this is a continued public hearing and there may be someone in ti~~e a,rdie=~c~~3 ~+ishing to be i~eard. He stated that he finds it disturbing th~.t tfie CiLV is going to help one portion of the City to develop and hold up tJ'ee ote~~ section.. Also, he stated that as a taxpayer he found it disturbing that t~rP wchoo-i district 1•ras not in a rush to sell the surplus property. Or.t~ year is a long time for a piece of property to sit and get no returns. Keepin the item crr the agenda does keep it before the people and he did not think. ttrat dropping it from the agenda would serve any purpose. Commissioner LzSbeckis stated that he would support Commissioner Vierhus. Chairman Dict;son as~:ed if anyone in the audience wished to speak on the matter. Mr. Walt Ritter, 119 Alice Avenue, stated he was speaking as a private citizen concerned with ti-je historical aspect of the building. If there is no real urgency on the part of the school district to sell the property, then that certainly serves the purpose of trying to find a way to save the building. - 5 - Tf-ere is need for more study. He stated that he had asked four questions of the school board when they met with him: "What does it cost to maintain the buildings?" No answer. "When do you intend to sell the property?" No direct answer. "What would the cost be to repair the building?" No answer. "Was there any willingness to wait?". No answer. He requested that the item be dropped from the agenda and that it remain PF on the land use element of the General Plan until the preservation of the building can be studied. Commissioner Vierhus moved that the public hearing be closed, seconded by Commissioner Samuelson. Commissioner Vierhus moved to drop the item from the agenda. Commissioner Pack asked what if they decide to continue the matter. Chairman dickson advised that the public hearing could be reopened. Commissioner Pack stated that following the discussions with Mr. Abbott, maybe it would be better to have it continued for 90 days as long as there isn't any urgency to act on it. This would give people time to pursue the project and perhaps there is historical value in the building. Cor~nissioner Campos stated he was of the opinion that the item should be - continued. He felt that if it is dropped from the agenda it will become a '- ~-` ~ dead issue. ;;~.;,, -';,~'I Commissioner Campos moved that G.P, 76-2-C be continued 'for ninety days, seconded by Commissioner Pack. Commissioner Hebard stated that he would support a reopening of the public hearing and then continuance of the item. He asked the City Attorney that if by closing the public hearing, does that mean they cannot continue the matter until another date. City Attorney Dempster advised the Commission can continue the closed public hearing. }lowever, he advised that if they want to hold a public hearing again allowing people to speak, that they should re-open the public hearing and then make a motion to continue it. Commissioner Campos withdrew his motion. Corn~nissioner Hebard stated that anoti-er reason for continuing the matter, is that dropping it from the agenda might be misunderstood. This is a very sensitive matter between two governmental agencies and if it is dropped from the agenda, it might be construed by some that the City is presenting another obstacle before the School District. For this one reason, he ~~as of the opinion that the matter be continued. - 7 - Commissioner Vierhus stated that a public hearing should be what it implies- a public hearing and after twelve months of being on the agenda, he was of the opinion that the public hearing was a farce. Continuing public hearings is a poor way to operate. He could not see what the Commission would gain by con- tinuing the hearing and, in his opinion, it should be dropped from the agenda. Commissioner Campos moved that the public hearing be reopened, seconded by Commissioner Pack and adopted by the following vote: AYES: Commissioners: Hebard, Campos, Pack, Dickson NOES: Commissioners: Vierhus, Samuelson, Lubeckis ABSENT: Corrunissioners: (done ~~'~-l r ~;,, ~~ ra; Commissioner Hebard moved that G. P 76-2-C be continued to the second meeting '=; ~,~~ i`r" ~ ~ ~ ~ in March, 1977, seconded by Corr~nissioner Packed and adopted by the following ~ °~ vote: AYES: Commissioners: Hebard, Campos, Pack, Dickson NOES: Commissioners: Vierhus, Samuelson, Lubeckis ABSENT: Commissioners: None Commissioner Lubeckis stated that for the record he voted "No" because, in his opinion, it should be contin~red for six months. Sixty days in which to resolve the matter is too short a time. "S" 72-9 Cfaairraan Dickson stated that the applicant eras now in the Kelsey, Dwight D. audience arzd he advised Mr. Kelsey of the action taken by Campbell t~1arine t#~e Planning Corrrmission. He advised him that the staff has an exhibit that they can review Yrith him and also that the Public i•3csrk~s Depa~°tmerrt ;s going to checf: into the landscaping problem as a result of the street ~riden~ing. Chairman Dickson declar°ed a recess at g p.m. Meeting reconvened at 9:15 p.m. G.P. 76-10 Public hearing to corrsi;ler the application of Mr. Joe V. Covach, Joe V. Covach and 11r. Paul ~!. Lasley to change the Land Use Lasley, Paul W. Element o` tf~e General Plan from Loar-tdedium Density Residential to Y~edium Density Residential for property ~Cno-;~n as 1140 and 4~0 West Hacienda Avenue. Richard Schneider of the Planning Department, advised that the applicant, Paul Lasley, has submitted a letter asf:irrg for a continuance of his application. Chairman Dickson declarped tfre public hearing open and asked if anyone wished to be heard for or against the matter. Conm~issioner Flebard waved that G.P. 76-10 be continued to the February 1, 1977 meeting, seconded by Commissioner Campos and unanimously adopted. _ g_ MISCELLANEOUS T.S. 76-8 Tentative Subdivision Map of the Lands of Locurto Lands of Locurto APN 405-10-47 Mr. free advised that this application was continued from the last meeting in order that the staff could meet Hrith the Engineer for the project and discuss some possible alternatives to the subdivision map. At the time the agenda aras prepared, this meeting had not taken place. Ho~rever, the Planning and Engineering staffs did meet with the Engineer and a alternate map was submitted for review. This map has been referred to all the City departments and other agencies and a cUntinuance is requested to the next meeting in order that the alternative map can be reviewed and comments received back for presentation to the Commission. Chairman Dickson stated that another petition has been submitted, which consists of sixteen signatures. The signers agree with the proposed single family develop- ment, but are opposed to the proposed extension of Hazelwood Avenue over and through the said property. (Petition on file in the Planning.Department.) Commissioner Pack stated that she had visited the site of the proposed subdivision and visited the Hazelwood School and talked to the principal and asked for his comments. Tire site is a long rectangular piece of property very difficult to develop and it is a big plus far the area that a developer proposes to develop it tvith single family dwellings. The area surrounding this parcel is in the County and in very bad disrepair. Some of the residences have a lot of material stacked around tl~er,~ and a bad situation exists. The principal was very glad that single family dwellings ~rere going in, rather than mr~lti-family and from a safety standpoint of children >.~~alking to school.. he aras of the opinion that a through street vrould be to the best advantage. There could be a serious safety hazard to the children walking across the property to the sc!~ool. . Chairman Dicl:son stated that he had also looked at the property and on the west side of fazelwood ~•rhere the street deadends, there are a lot of of old vehicles parked in the street. He was of the opinion that the Commission should take some action to open up the .street. Mr. Donald Robert Pose, 1095 Hazelwood, stated that the trailers are his and stated that the yard is not a construction storage yard, but could be con- sidered a construction yar°d for the Explorers' f3oy Scout Trrop. He stated that he has beer, there for l7 years and is not hurting anyone and he is not blocking. anyone. There is a walkway through the property. He stated that he does what Ire gran to help the kids and he is in the County. Chair~rnan Dickson asked if anyone else wished to make conti~~ents tonight. Mr. f<ee advised that the people who signed the petitions would be notified as to the time of the next meeting. 1~1r. Helms stated that the alternative map has been submitted to the various departments for comment and they should be received back in time for staff to send them on to the Commission at the next meeting. - 9 - Mrs. Mendevil asked if there were plans to install a sidewalk on Pollard. Nir. Helms advised that this subdivision has a frontage on Pollard Road and the developer would have to install one-half street improvements, which would include a sidewalk along this frontage, but only along the area being developed. Mr. Kee advised that the one lot on the corner of Abbott and Pollard is not a part of the subdivision. It is in the City of Campbell. CornrniSSioner Hebard asked if there was street bond money that could be used for improving the corner lot on the 1/3 - 2/3 policy of tine City. t~Jr. Helms stated that something might be worked out vrith the property otivner, however, the City does not have the dedication to install a sidewalks even though the funds were available. After some further discussion on the alighmen-t of Pollard Road, Commissioner Packtnoved that the Planning Commission recommend that the City Council approve T.S. 76-9, lands of Day, subject to the conditions recommended by staff, seconded by Commissioner Samuelson and unanimously adopted. Coi~nissioner Hebard s•t.ated ti~at fie aaould ask, with the Commission's concurrence, that the Engineering staff see what can be done to get the sidewalk finished ail the tivay. Mr. Helms stated that he ~voul d suggest that the Public l~lorlcs staff contact the property owners adjacent to the subdivision to see if they might be interested in participating in the project. ZC 76-9 and PD 76-13 Referral from the City Council of the application of McKee, f:ober#. L. Robert L. ~~1cKee and Corinthian House Inc. for approval Corinthian douse of plans, elevations, and development schedule to allow construction of a 105 unit senior citizens apartment complex on property Icnown as 250 •3udd Avenue in a P-D (Planned Development/High Density Residential) Zoning District. Chairman Dickson asked Mr. Kee for his comments. Mr. Kee advised that this application was before the City Council at its December 1S, 1976 meeting- At that meeting it was revealed that the proposed development would exclude certain non-members of the Christian Science faith and handicapped persons. This item was referred back to the Commission in order that the Planning Gorr«nission could consider a report from the City Attorney regardir:g the exclusion of non-members of the Christian Science faith and discuss with the applicant possible alternatives to the traffic circulation. As arr al#ernatit~e to the circulation pattern, one of the three driveway oper~inrs ~rc?uld be clued off and the traffic engineer is in con- currence. It was his understanding that the plan had been reviewed with the police chief and the applicant and they are in agreement with working some- thing out to close the one driveway, Chairman Dickson asked file City Attorney for his opinion. Mr. Dempster stated that he had checked the law and t<aith the League of California Cities and there is no authority for city governments to turn down this application based on religious faith and physical disability. - 71 - Commissioner Hebard moved for continuance of T.S. 76-•8 to the next regular meeting, seconded by Commissioner Campos and unanimously adopted. T.S. 76-9 Tentative Subdivision Map of the Lands of Day Lands of Day APP( 403-16-44 Chairman Dickson asked h1r. Kee for his comments. Mr. Kee presented a map of the proposed subdivision, which is a 2.3 acre parcel proposed far subdivision into ten single family lots. The lots range in size from E,000 square feet to 12,.500 square feet and the mean lot size is approximately 3,000 square feet. Four of the proposed lots will front onto Pollard Road; two of the lots wi11 front onto Abbott Avenue; and the other four lots will front onto a cul-de-sac which is being provided in the center of the parcel. A zone change from P-D to R-1 was granted by the City Council on December 27, 1976. The proposal is in accord with the General Plan. There was a previous pa-opasal to develop the property with townhouses under the PD and then there was the reguest to rezone it from P-D back to R-1. Commissioner (-iebard stated that at the time the P-D was considered, there was some concerr~r expressed ~y the people an Estralita L~Jay, east of this develop- ment, and tie pr~~~rc+~as plans provided for a pathtivay from the cul-de-sac on Estralita to Abl3at~: Avenue. This pathti•~ay would provide a means for the children tc.~ get to t~hA San 'lamas School. He asked if such a walkway was being proposed inthls scrbdiRlisiars. Mr. Kee ad~y~ i sec! t#~rat 'tt~i s ps°apased l a~rout does not provide an access way through the property. Tf~~=pro =(s ~a ver.y narrow ~valkti,ray through the subdivision. The staff has same reservati~~iss about any walktiaay that would not be straight through the property. ~~ cc~toy ^>~ t{~e tt~r-stative map has been .sent to the School District in order that thew srr'a~r~ri: respond and a.t this time no comments have been received from the di:st-~~::t~ The staff is aware of the concerns of the people living on Estralita. Chairman Dic~sru< a•s~,~ec~ zf the applicant wished to speak 'and if they had considered a wal kway t,k3s-o!:r~~t .x he ~,~abdivi sign. Mr. Larry B+atBer, ~o+idgate '~~~~~+elap~nent Company, i 60 Saratoga Avenue, stated that the propa.spd rs,ap t.as nit given consideration to a walkway through the property. It is only a tera lit Subdi~r;sins} ar~d the children ~,~~ould have to walk around the subdivision, eit'l~e~° t~ ~'allai~d Raad or to Hacienda to the school. The subdivi- sion would be de~rs~la~J?ed wits Jt-l. Mrs. Yvonne ~fier~~~e+ri17 133 Estralita frY~ay, Campbell, stated that she has small children and woultii disanprcre~c of sending them to Hacienda or Pollard Road. She stated that she•~Jaauld like to have the cul-de-sac left open and have something worked out so tyre children could walk through. There are about 50 children in the area that gc> t~rrough tt+ere every day. Conunission.er Palk stated that there are other problems such as policing, maintenance, etc., if such a walkway is provided. Anything could happen to the children walking thr,c:ugh fihF~re and there are more problems than just the convenience far the children. She advised than if the parents are concerned about the children walking Gn Pollard and Hacienda, that possibly they should contact the School District - 10 - The Commission does not have the authority to go into those areas. Chairman Dickson asked about the question raised at the Council meeting with regard to tine appl-icants' obligation to make provisions for the handicapped person. Mr. Dempster stated that he had also checked the law on that and whatever the building code requires will have to be carried out. Chairman Dickson asked if they are required to make provision to rent to the handicapped. Mr. Kee stated that it was his understanding that they are not. They have to make provision for people to use them, but they are not required to make pro- visions for handicapped people to live there. _ He referred to a development in Palo Rlto, which is a federally subsidized project, which only accepts ambulatory persons. The question was raised earlier by Commissioner Pack as to who is handicapped and who 'is not? It was pointed out that a person can be handicapped as well~as ambulatory. The building cede requires that facilities for use by the handicapped must, be provided. This v~ould rrrean ramps, removal of architectural barriers, etc. Commissioner Campos asked who would have "autthority" in this case. The appli- ` cation would seem to excl€rde certain people. Mr. Dempster advised that the City government has no authority to deny an application based upon its C.C. ~ i-':''s.. It does not give the City the right to delve into the question of v,i~o grey are going to rent to. Commissioner Campos stated that H. L4. U. could came back and say they were in violation. ~~ ' Mr. Dempster stated that it was his canderstanding that this was a privately financed development. The City does not have the authority to asi: them where they are getting their financing. This is no different than someone applying for financing for apa`rtrrrent ~ci~velopment. Con~nissioner Pack stated that the wror`d "handicapped" is too general and they should have a definition of vr~ro is and vJho is not handicapped. Secondly, in response to the letter ti~at the Commission •received from Commissioner Campos, it was her understanding that this project v~ould be rented to people of this particular religious faith. It was pr°esented to them the night of the .. Planning Commissian public hearing and she~ti,ras aware of it. She votr;d for the • project knowing that r,~as so. She stated that the Con~~rission followed the guide- lines of the recently adopted Housing Element when they approved this project. Mr. Dempster advised that the Housing Element has nothing in it about religious groups. Commissioner Pack stated that the Housing Element speaks to the lotiv-income and elderly groups. The applicants represented that they would do all they could to maE;e it available to those people with fixed incomes. - 12 - Commissioner Campos stated that he was-not aware that they spoke to the issue of exclusion and to the issue of the handicapped. Commissioner Vierhus stated that he was aware that it was for Christian Scientists and only those people of that faith would be allowed. There here a number of questions submitted to the applicant by the Civic Improvement Commission and they were all discussed at the public hearing. Commissioner Flebard stated that the thought of discrimination did not enter his mind the night of the hearing. t"Jhen the matter of discrimina~.;-ion was brought before the Council that was when he realized what had happened. The City Attorney has told the Commission that the City cannot go into those questions, yet there is a letter before the Commission from the Santa Clara County Human Relations Commission asking that this matter be delayed in order thatthey can make a presentation to the Council. Mr. Dempster stated that has nothing to do with the legal aspect-anyone can make a presentation. They can discuss anything they want, but there is no 1°gal authority that allows them to deny the application based upon exclusions. h1r. Dempster stated that he was not trying to criticize the Corrnnission, but was just trying to advise them. He added that he did not think that it has been concluded that the project is discriminatory. Chairman Dickson referred to the .letter from the Human Relations Commission and asl;ec! if their representative vrished to speak. h1r. Brad Yamauchi, Human Relations Specialist, came forvrard. Mr. Dempster referred to the letter from P~1r. McEntee, Director, Human Relations Comn~iission, and asked if the religious aspect was a big issue. h1r. Yamauchi stated that was not being raised at this time and was no longer an issue. ~1r. Dempster stated that for the record then the only thing they would be addressing themselves to would be to the physically handicapped. Mr. Yamauchi stated that was so. He stated that he did not think that they were in agreement as far as the physically handicapped were concerned. They vrere going. to investigate the corporation and the covenants. • The Human Relations Corm~ission got involved when they recEived a complaint and they ar°e empovrered by County ordinance to investigate complaints of , discrimination. Aft~r some further discussion, Chairman Dickson advised that the Hurrian Pelations Commission is looking into this matter and will give a report to the City Council, and that should be sufficient. Commissioner Vierhus moved that, based on the City Attorney's opinion, that the Planning Commission reaffirm their position and resubmit the application to the City Council, ~•~ith the added condition that one driveway be closed. - 13 - Commissioner Campos stated that he felt very strongly about this and although he understood the City Attorney's opinion, he asked if he would be in viclation i f he voted " no".. h1r. Dempster advised him that if they consider the religious aspect of it, then he would say "yes" he would be in violation. They are there to fulfill the role of a Planninca Commissioner. However, there are not enough facts available for them to consider the handicapped aspect. He stated that.. sometimes they must set aside their feelings and deal vaith the facts. 7. There is no legal cause that they could vote "no" on this application if it is based vrt religion. 2. There is sorrre question about the physical handicapped aspect--there is not enough infcr;nation :.c mare a determination. If the Human Relations Specialist cannot rnat;c~ a d~~tea°mination, how can they? 1~1otion secor~dec aay Co~rnaiss Toner Samuel son. Commissione~~• Pack stated that in view of the fact that this project is a private project, care ~.~as very glad that the City Attorney could give them a determination to act arr. lF iw a~ere financed with federal funds it might be different. She t-ras of the Er;pirziort i;hat those should be separation of church and state. Commissic~nar Larr,pos stated that they were talking about people being excluded-- not about sep::~a=,•ation of church a.nd state. Mrs. Jan Brov;ra, Sit 5crr !, 1•~inc}aester Boulevard, came forward, stated that she vaorked closely r~rith the City in their program of removing barriers for the physica~il~~~~ 2t~:ndicar~ped a.nd she servos on several committees fior the handicapped and that :ba,e r~o~r.l~~ b, glad to cometiacE; to the Commission t~~ith a definition of who are thc~ p.s.ysically ira.ndicapped. Chairman Di4~_u•vca asr:ed if the a.ppi icant wished to be heard. Mr. Jays}: tirrn~-~7GnT ~3rc,ect designer, came forward and reviewed the site layout and plans. 1~e states; ttgat t.he_y Trill make provisions for the handicapped and elderly ar.~ L:'~' w~>~~at is. c-¢-q~rired by tine codes. There are requirements put out by thc~ st:~~.~~e that they must fo~ilow. Commissic,r`~r• C.~~~tnpo=. asked ~'tr. Finnegan that in the event one of the residents became ir,srtc~aca~~ae ~°c,ild they ovict him? Mr. F-inarec~ur~ ad~1fis~wc4 thwt there are other Christian Science facilities through- out Cali,rorrria that ar°+= equipped to cope with the handicapped situation. They have not prlanned for medical facilities and there are no funds allocated in this project. Ti?oy r~auld ~~rork cooperatively with that person to find another facility to care for hint. h1otion carried by the fallowing roil call vote: AYES: Commissioners: Hebard, Campos, Uierhus, Pack, Samuelson, Lubeckis, Chairman Dickson NOES: Commissioners: None AQSENT: Conurri ss~i oners: None in Staff Report Conversion of residential buildings Commissioner Vierhus moved that this item be continued to the next meeting, seconded by Commissioner Pack and unanimously adopted. Staff Report Possible revision to the P-D (Planned Development) section of the Zoning Ordinance. Convrrissioner Vierhus moved that this item be continued to the second meeting in February, 1977, seconded by Commissioner Pack and unanirously adopted. Appointment of Chairman Dickson asked if any Commissioner wished to Commissioner to Serve serve as liaison to the Council. He referred to a on Liaison Committee list of all the commission subcommittees and requested with City Council that the Commissioners review this list and if there were any particular committee they wished to serve on, to advise him at the next meeting. Chairman Dickson volunteered to serve as liaison to the Council. Commissioner Pack stated that she would be willing to serve for a short time on the Architectural Review Committee. Commissioner Campos stated that he would serve on the Architectural Review Committee. Commissioner Samuelson stated that he would continue to se•r~ve on tyre Sign Review Committee. Commissioner Pack requested that the staff bring an updated report back to the Commission on signs--in particular lighted signs in windows. Also, she requested that the staff take a look at some of the older developments wit:i~ regard to the landscaping. In some instances, the landscaping has deteri- orated. Chairman Dickson directed that this item be agendized, Also, consideration should be given to the conservation of water in choosing the type of landscaping that is to be installed. ADJOURNMENT Commissioner Vierhus moved that the meeting be adjourned, seconded by Commissioner Pack and unanimously adopted. The meeting was adjourned at 11:15 p.m. ~ APPROVED : ( ~~° ~.;/~,~~~A.~-/t f ,/~ '. DuWayne Dickson, ~ i ATTEST ~ ,~~~, ~i. ~ `~ "~~._.-~ r tour A. hee, Secretary ,; RECORDED .., ,~,, ~ ~' c,/ ~ ,.= `- Ph ~s Acker, Recorder airman - 15 -